cannabisnews.com: Ruling: No Punishment for Doctors Endorsing Pot 





Ruling: No Punishment for Doctors Endorsing Pot 
Posted by CN Staff on October 30, 2002 at 20:02:34 PT
By Seattle Times Staff and News Services 
Source: Seattle Times
Doctors have a constitutional right to speak freely with their patients — including recommending marijuana use — without fear of government sanctions, a federal appeals court ruled yesterday. A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously found that the Justice Department's threats to revoke doctors' prescription licenses interfere with the free-speech rights of doctors and patients. 
The ruling was hailed by Dr. Rob Killian, a Seattle family practitioner who was the architect of Washington's medical-marijuana law, passed overwhelmingly by voters four years ago. "For those of us who have been nervous, it gives us another chink of protection," Killian said. "I think doctors who are already authorizing (marijuana use) will be much more comfortable." The ruling says the federal government "can't use scare tactics with doctors," said Andy Ko, director of the drug-policy reform project for the American Civil Liberties Union of Washington. The ACLU represented patients and doctors in the 9th Circuit case. Killian and Doug Hiatt, a Seattle lawyer who has represented medical-marijuana patients charged with violating drug laws, said doctors who have recommended marijuana to patients, as allowed under Washington law, have become increasingly fearful of government intervention. "I talked to a doctor last week from Kitsap County who was contacted by the drug task force, demanding that he come to the phone or they quote-unquote would pay him a visit," Hiatt said. After the call, the doctor told Hiatt, "It's the last time I write one of those things." Chief Circuit Judge Mary Schroeder, writing for the court, said communication between doctor and patient is an "integral component" of medical practice. "Physicians must be able to speak frankly and openly to patients," Schroeder said. The opinion issued yesterday in San Francisco upheld a 2-year-old court order prohibiting the government from stripping doctors of their licenses to dispense medication. The case is one of several resulting from medical-marijuana laws in eight states. The government argued that doctors were aiding and abetting criminal activity for recommending marijuana because it is illegal under federal narcotics laws. The court disagreed, saying doctors could get in trouble only if they actually helped patients obtain marijuana. Merely recommending the drug "does not translate into aiding and abetting, or conspiracy," Schroeder said. Justice Department spokeswoman Susan Dryden said the decision was under review and declined to say whether the government would appeal. The case was an outgrowth of a measure approved by California voters in 1996. It allows patients to use marijuana with a doctor's recommendation. After the measure's passage, the Clinton administration said doctors who recommend marijuana would lose their federal licenses to prescribe medicine, could be excluded from Medicare and Medicaid programs and could face criminal charges. The Bush administration continued the fight. In addition to California and Washington, other states with medical-marijuana laws are Alaska, Arizona, Hawaii, Maine, Nevada and Oregon. All except Maine are in the 9th Circuit's jurisdiction. Last year, the U.S. Supreme Court said clubs that sell marijuana to the sick with a doctor's recommendation are breaking federal drug laws. Compiled from reports by Seattle Times staff reporter Carol M. Ostrom and The Associated Press. Source: Seattle Times (WA)Author: Seattle Times Staff and News Services Published: Wednesday, October 30, 2002 Copyright: 2002 The Seattle Times CompanyContact: opinion seatimes.comWebsite: http://www.seattletimes.com/Related Article & Web Sites:Green Cross Patients Co-ophttp://www.hemp.net/greencross/Conant vs. Walters in PDF http://freedomtoexhale.com/conant.pdfMedical Marijuana Wins a Court Victory http://cannabisnews.com/news/thread14594.shtmlA Win for Medical Marijuanahttp://cannabisnews.com/news/thread14612.shtmlSeattle Police Crack Down on Medical-Pot Purveyor http://cannabisnews.com/news/thread10489.shtml
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